Can I get Social Security Disability for my knee fracture?
Yes, you can. There are two ways to get Social Security Disability for your knee fracture. The first way is to show that you meet Social Security’s specific listing on knee fracture and the second way is to show that due to your physical restrictions there are no jobs available in the US economy which you would be able to do on a full time basis. I will discuss both methods of getting disability benefits for your knee fracture below. However, it’s worth noting that you’re more likely to win your case by showing there are no jobs available than by meeting a listing because the requirements of listings are often so exact that most people do not meet them.
Method 1 – Listing: The listing for knee fracture is located in the section on major dysfunction of a joint at listing 1.02. This listing is extremely specific and requires:
“Gross anatomical deformity (e.g., subluxation, contracture, bony or fibrous ankylosis, instability) and chronic joint pain and stiffness with signs of limitation of motion or other abnormal motion of the affected joint(s), and findings on appropriate medically acceptable imaging of joint space narrowing, bony destruction, or ankylosis of the affected joint(s). With:
A. Involvement of one major peripheral weight-bearing joint (i.e., hip, knee, or ankle), resulting in inability to ambulate effectively.”
Social Security defines the inability to ambulate effectively as an inability to walk without an assistive device that requires the use of both hands – like a walker or wheelchair. If you can walk with the use of a cane, you do not meet this listing above. Your knee fracture might cause severe pain, but if you do not have documentation by your doctor of all of the specific requirements in the listing, social security will not find you disabled based on the listing. People rarely win their cases based on the listing because it is difficult to document all of the findings listed above. It is not enough to have a few of the findings in the listing. You must have all of them in your medical treatment records or social security will not find you disabled based on the listing alone. All is not lost, however. You can still prove you are disabled due to your knee fracture by showing that your combination of symptoms would make you unemployable.
Method 2 – No Jobs You Can Do: You can get disability for your knee fracture if you show that the symptoms from your knee fracture along with any other health conditions you have would make you unemployable. Social Security will consider more than just your knee fracture. They will also consider all of your other health conditions in determining whether or not you can work. Social Security will look at things like how much you can lift or how long you can stand, walk, and sit in a day to determine if jobs are available that you could do. Social Security will also look at whether you have to lie down during the day, take extra breaks or miss several days a month due to your medical conditions. Social Security will even look at your ability to concentrate and follow instructions due to you medical conditions. If your combination of limitations would make you unemployable, then you can get Social Security Disability due to your Knee fracture. Remember, SSA will find you disabled if your combined symptoms would keep from being able to do any job 8 hours a day, 5 days a week, week in and week out.
What do you need to prove there are no jobs you could do?
In order to prove there are no jobs you could do, you need medical documentation from your doctors of all of your medical conditions. This means you need to make an effort to get regular treatment to document your condition over time. Further, it is helpful to get statements from your doctors on how your medical condition limits your ability to work. This can include a letter from the doctor or simply having your doctor fill out a questionnaire on your condition. Doctors often do not comment on your ability to work in their office notes because they’re focused on treating you rather than commenting on your ability work. It helps to ask your doctor’s opinion on your ability to work. Our firm often gives our clients questionnaires to take to treating physicians to document your symptoms and how they would limit your ability to work. We have developed questionnaires over time that ask the questions we have found are helpful in proving your case.
It can be overwhelming to try to prove that you are disabled. You have to collect medical records and submit them to social security and you have to get opinions from doctors that prove your inability to work. We can help you get all this information and improve your chances of getting social security disability benefits. Our Atlanta Social Security Disability lawyers can help you prove you are entitled to Social Security Disability due to your knee fracture, our Atlanta Social Security disability attorneys are here to help. Feel free to contact us for help.